Civil and Criminal Law Implementation in the UK - Coursework Example

Introduction In comparative law, it is evident that there are many circumstances where the some legal terms canbe interpreted to have different meanings or when different legal terms and applications can have similar meanings. Practically, not a single study has ever had an elucidative analysis of the differences between criminal and civil law (Maguire, 2007). However, this paper will converge its analysis of the difference between criminal and civil law in relation with how they compliment and/or conflict with each other and their contribution to overall safety management in the workplace (Sanders 2010). It is impractical to make selection of differences between criminal and civil law unless guided by a selected application of the two laws like safety in work place (Harr 2008). Nevertheless, it is impossible to analyze application of these two laws in relation to work place safety without first understanding the two concepts. A critical analysis of the major differences and similarities of the two laws will be articulated accordingly. Civil law The main feature of civil law is that it is contained in civil codes, which are illustrated as systematic and authoritative (Maguire 2007). Civil law mainly contains general rules and principals, mostly lacking details. One of the basic features of the civil law is that the court’s major duty is to apply and interpret law enclosed in a code based on case facts (Sanders 2010). This is in light with the assumption that the code regulates all cases that could arise, and when certain cases are not synchronized by the code, the court ought to apply some of the general principles used to fill the gap (Foster 2005). It is concerned with the rights and duties of individuals and institutions towards each other (Omerod 2008). The main feature of the offences focuses on negligence on health and safety of individuals (Maguire 2007). Main civil cases comprise of an action brought by a person against another in order to seek compensation for the offences committed against them (Hodge 2009). Criminal law Basically, criminal law is concerned with offences against society in general (Farrar and Mitchell 2008). In this law, crimes are defined as actions committed by individuals or institutions which violate the basic rules and principals of the society. In some situations, it becomes difficult to distinguish between criminal and civil law. However, an important feature that distinguishes the two is that in criminal law the means of demonstrating that actually an offense has or was indeed committed gas to be beyond reasonable doubt (Maguire 2007). Criminal law has three broad types of crimes as stipulated in the criminal code; treason, felonies and misdemeanors (Foster 2005). Treason is accorded a fastidious concern since it does not only violate the public interest, but also posses a threat to national security and is accompanied with severe penalties (Omerod 2008). Felonies are considered to be more serious crimes which may be accompanied by severe mandatory sentences while misdemeanors are comparatively minor crimes as stipulated by criminal law. Similarities and Application of criminal and civil law on safety in work place In the health and safety at work act (1974), it stipulates that the bully’s behavior constitute a breach of employers duty to care under the health and safety at work act (1974), where employers are required to have a legal obligation to ensure both physical and psychological well being of their employees (Maguire 2007). A breach of this act is considered to have happened when the employer fails to take action when the employee brings a health and safety issue to their attention. When employees feel stressed while in their line of duty, this act interprets such a stress as consequence of the employer failure to provide a safe system of work as required under this act. The act of blaming the employee on the basis of inability to cope with excessive demands in work place by the employer is considered as a deliberate attempt to divert the attention from the real cause of stress. Both criminal and civil laws deal with the issue of safety in the work place as guided by the health and safety at work act (1974) and other acts that interprets commission of offenses as brought by the complainant (Maguire 2007). Although most of the cases brought forward by employees in relation to health and safety offences committed against them are supposed to be dealt with in regard to civil law, criminal law is applicable in some situations. For example, victimization of employees by their employers or fellow employees could lead to danger to both their health and safety. In this case, the criminal law may determine the case on the basis of the crime committed against plaintiff which amounted to health and safety issue to the plaintiff. Although it is believed that the objective of criminal law is to punish and that of civil law is to compensate, when it comes to issues related to health and safety issues in work place, this is not entirely true. This act gives considerable powers to inspectors to issue improvement and prohibition orders and in practice, inspectors issue such orders than they do in criminal prosecutions (Sanders 2010). Such orders are meant to send a message to the employer that in the inspector’s opinion something needs to be done in order to make the work place healthier and safer for their employees. Is such an order is complied with by the employer; it is likely that no criminal charges will be made. In a different and broader perspective, both the criminal and civil law may impose penal sanctions. As the criminal law may find a defendant (employer) guilty and either sentences him or her for imprisonment or to pay a fine, the civil law may find the defendant guilty and order him or her to pay the claimant some money to compensate for injury which has been suffered. On such an account, the two laws ensure that the rule of law is applied and the justice is done (Sanders 2010). The penal element in civil law is applied where compensation is paid to the plaintiff while the penal element in criminal law is seen to be applicable where the defendant is sentenced to imprisonment or ordered to pay a fine. Unfortunately, in health and safety matters, there is no distinction between wrong doing and injury suffered especially when the acts of conducts of the accused person amounts to health and safety risks of the defendant (Maguire 2007). The objective of the criminal law is to punish wrongdoers for their wrongdoings (Schmalleger 2007). Therefore, it can be argued that criminal law relates the punishment to the behavior of the accused rather than the consequences of the accused’s behavior (Farrar and Mitchell 2008). On the other hand, civil law has a greater dilemma than criminal law, since it focuses on the consequences of wrongdoings committed by the accused; meaning that it has to first identify the wrongdoings before focusing on their consequences. However, the health and safety legislation aims at focusing on such behaviours that leads to health and safety issues (Maxwell et al 2005). This is in light with argument that the accused fails to observe the standards which would ensure health and safety of the plaintiff. Differences between criminal and civil law Criminal law is concerned with offense committed against the public authority while civil law is concerned with rights and duties of individuals and institutions towards each other (Maxwell et al 2005). However, some aspects of civil law are applied in criminal law, for example, although murder is committed to a specific person, it is treated as a criminal law because it runs against the interest of the public (Sanders 2010). On the other hand, the aim of criminal prosecution is to punish the criminal with imprisonment or financial penalties while civil the aim of civil prosecution aims at putting right the wrong committed that is, compensation by the defendant for damages incurred. One of the major burdens of proof of the case in criminal law is that the means of demonstrating that actually a crime was committed has indeed to be proven beyond reasonable doubt while burdens of proof in civil law the case may be determined on the balance of probabilities (Sanders 2010). Examples of criminal cases related to health and safety in work place September 1998: In Gilbert v. Midland Bank, an employment tribunal upheld employee Andrew Gilberts claim of sex discrimination after his manager Kathryn Dowse, at 21 Britains youngest female bank manager, dismissed him following a sequence of typical bullying tactics. These included humiliation (making him mop the floor), and rudeness (UK National Workplace Bullying Advice Line 2012). In 1999: Stubbs v. Lincolnshire Police, former Detective Constable Deborah Stubbs was awarded £92, 000 for 16 months of vicious sexual harassment by a colleague- Sergeant Walker after a four-year legal battle (UK National Workplace Bullying Advice Line 2012). Examples of civil cases related to health and safety in work place April 1998: In Kramer v. UNISON, Ms Kramer was employed as a Unison Regional Officer, South East Region from 1990-1997. She claimed constructive dismissal, breach of contract and wrongful dismissal. Her case was based on the fact that she had suffered two years of unreasonable treatment from senior managers in the union including grievances which were never heard. The industrial tribunal found Unison guilty on all counts. Compensation, with a confidentiality clause, was agreed (UK National Workplace Bullying Advice Line 2012). July 1998: In Dunlop v. NYNEX CableComms Ltd, Miss Dunlop alleged she was selected for redundancy by a female line manager who had been bullying her for the previous 18 months and who used the opportunity of company downsizing to get rid of her. Despite being debarred from talking about bullying, Miss Dunlops claim of unfair dismissal was upheld after six days of tribunal spread over 18 months during which NYNEX was taken over by Cable & Wireless, whose lawyers continued to defend the case. Miss Dunlop was awarded maximum compensation (UK National Workplace Bullying Advice Line 2012). Conclusion Whether the issue of health and safety in the work place is handled by either criminal or civil law, the main objective is to ensure the rule of law and that justice is done. Although the two laws may interpret health and safety cases differently, application of both criminal codes and civil codes are fostered in line with provisions of health and safety in the work place legislation. Bibliography: Maguire, M. 2007. The Oxford Handbook of Criminology; 4th Edition. Oxford: Oxford University Press. Sanders, Y. 2010. Criminal Justice; 4th Edition. Oxford: Oxford University Press Farrar and Mitchell (Eds) 2008. Blackstone’s Statutes on Criminal Justice and Sentencing. 2008. Oxford: Oxford University Press Foster, S. 2005. Criminal Law and Practice. Oxford: Thomson. Maxwell, H. et al. 2005. Criminology. Oxford: Oxford University Press Omerod, D. 2008. Criminal Law. 12th Edition. Oxford: Oxford University Press. Harr, J. 2008. Constitutional law and the criminal justice system. Belmont, CA: Thomson/Wadsworth. Hodge, A. 2009. Understanding the components within the criminal justice system 101. S.l.: Outskirts Press. Schmalleger, F. 2007. Criminal justice today: an introductory text for the twenty-frist century. Upper Saddle River, N.J.: Prentice Hall. UK National Workplace Bullying Advice Line 2012. Case law and out of court settlements. Accessed on 11th Jan 2012 from http://www.bullyonline.org/action/caselaw.htm Read More